Resources
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The Complexities of Dependent Contractors and Restrictive Covenants
October 29, 2024
In the recent decision of Dibble v. Creative Music Therapy Solutions Inc., 2024 BCSC 1066, the B.C. Supreme Court provided a helpful reminder that a long-term contract with a worker can result in the worker being categorized as a “dependent contractor” who is entitled to reasonable notice on termination of the contract. The Court also provided a reminder that a restrictive covenant is held to a high threshold to be enforceable.
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Grasping at Straws: Claiming Discrimination in the Face of Clear Misconduct
October 16, 2024
In Bartender v. Finale Entertainment Inc., 2024 BCHRT 155, the complainant, a former bartender with the respondent nightclub, filed a human rights complaint after his employment was terminated without cause.
The complainant, who identified as Caucasian or white, alleged that his employment was terminated in order to hire a Chinese employee. To support his allegation of discrimination, the complainant relied on the fact that, on the same day the respondent terminated his employment, a Chinese worker started working in his place.
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Toxic Work Environment and Investigation of Concern? That Still Might Not Be Enough to Warrant a Discrimination Claim
September 27, 2024
In Thomas v. Signals Design Group, 2024 BCHRT 135, the B.C. Human Rights Tribunal dismissed a complaint alleging discrimination on the basis of sex. The complainant alleged she received radically different treatment as compared to her male counterparts and had to resign from employment because of the toxic work environment.
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Health Spending Accounts Not Sufficient to Meet ESA Sick Leave Requirements
September 17, 2024
A British Columbia arbitral decision is the most recent in a developing line of authority cautioning BC employers that sick days conferred under the Employment Standards Act, R.S.B.C. 1996, c. 113 (the “ESA”) may be qualitatively different than sick leave benefits under a collective agreement.
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Ontario Court Decides “Private Group Chats” Can Become a Disciplinable Workplace Issue
September 4, 2024
In or around April 2020, while the Human Resources department at Metrolinx (the “Employer”) was conducting an investigation into a separate and unrelated matter, an employee informed the Employer about a WhatsApp conversation between the five grievors approximately eight months earlier, a conversation which “contained negative, derogatory and sexist comments about a female employee”.
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International Credentials Recognition Act Comes into Force in BC
July 31, 2024
On July 1, 2024, the International Credentials Recognition Act, SBC 2023, c 39 (the “Act”) came into force in British Columbia.
The legislation is intended to address the shortage of skilled professionals in BC by reducing barriers for internationally trained professionals seeking jobs in this province. The Act is designed to improve the credential recognition process, making it more fair, efficient, and streamlined for applicants seeking certification from professional regulators.
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Good Accommodation Gone Wrong
July 10, 2024
In United Nurses of Alberta v. Alberta Health Services (MacKinnon Grievance), [2023] A.G.A.A. No. 10 (Asbell), the majority of an arbitration board awarded $10,000 in injury to dignity (human rights) damages for an employer’s failure to consistently and proactively accommodate a neurodivergent employee.
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Collective Bargaining for Managers – An Alternate Universe?
July 5, 2024
On April 19, 2024 the Supreme Court of Canada published its decision in Société des casinos du Québec inc. v. Association des cadres de la Société des casinos du Québec 2024 SCC 13, As far as I can tell, it did not get much fanfare in labour relations circles.
Although the case arose in Quebec under the Quebec Labour Code, CQLR, c. C-27 the court’s reasoning will apply to provincial labour legislation across the country and to the Canada Labour Code.
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